Resumen de Operability of the GDPR’s Consent Rule in Intelligent Systems: Evaluating the Transparency Rule and the Right to Be Forgotten
This paper discusses the difficulties to obtain valid consent for data pro- cessing activities executed by Artificial Intelligence (AI) systems. Although the Eu- ropean Union’s General Data Protection Regulation (GDPR) is one of the most up- dated and most comprehensive legal instruments ensuring the right to data protec- tion, the so-called consent obligation is challenged by several technical and prac- tical issues in the case of AI systems. Data controllers obligation to demonstrate transparent information and to ensure the right to be forgotten is being challenged by the technical capabilities of AI taken together with some opaque statements in the GDPR. More detailed explanations should be delivered by the EU Institutions on the implementation of the GDPR for data controllers offering AI systems.
